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URL: http://www.bailii.org/uk/legis/num_reg/2003/20032071.html

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2003 No. 2071 (C. 84)

EDUCATION, ENGLAND

The Education Act 2002 (Commencement No.7 and Transitional Provision) Order 2003

  Made 5th August 2003 

In exercise of the powers conferred on the Secretary of State by section 216(4) and (5) of the Education Act 2002[1], the Secretary of State for Education and Skills hereby makes the following Order:

     1. This Order may be cited as the Education Act 2002 (Commencement No. 7 and Transitional Provision) Order 2003.

     2.  - (1) Paragraph 50 of Schedule 21 to the Education Act 2002 shall come into force except in relation to Wales on 1st September 2003.

    (2) Despite the substitution of section 499(9)(b) of the Education Act 1996[2] made by that paragraph, a parent governor appointed or elected to a governing body constituted under section 36 of the School Standards and Framework Act 1998[3] shall also be treated as a parent governor for the purposes s. 499(6) and (8).


Stephen Twigg
Parliamentary Under Secretary of State, Department for Education and Skills

5th August 2003


EXPLANATORY NOTE

(This note is not part of the Order)


This Order brings into force paragraph 50 of Schedule 21 to the Education Act 2002 which substitutes a new subsection (9) of section 499 of the Education Act 1996. It also makes transitional provision allowing parent governors of governing bodies constituted under the School Standards and Framework Act 1998, as well as parent governors of governing bodies constituted under regulations made under the Education Act 2002, to be treated as parent governors for the purposes of section 499.


NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)


The following provisions of this Act have been brought into force (or come into force at a later date) by commencement orders made before the date of this Order:

Provision Date of Commencement S.I. No.
Section 1 (partially), as to England

(fully), as to England

 1st October 2002

1st September 2003

 2002/2439

2003/1667
Sections 2 to 5, as to England 1st October 2002 2002/2439
Sections 11 and 12, as to England 20th January 2003 2002/2952
Sections 14 to 17, as to England 1st October 2002 2002/2439
Sections 14 to 17 and 18(2), as to Wales 31st March 2003 2002/3185 (W.301)
Section 18, except for the repeal of section 486 of the Education Act 1996 made by paragraph (g) of subsection (1), as to England 1st April 2003 2003/124
Section 19(2) to (5) and (7), as to England 1st March 2003 2003/124
Section 19(6), as to England 1st October 2002 2002/2439
In section 19(8), the words "regulations under this section may include provision with respect to the governing body of federations", as to England 1st April 2003 2003/124
Section 19, (fully), as to England 1st September 2003 2003/1667
Section 19(6) (partially), as to Wales 1st September 2003 2003/1718 (W 185)
Section 20(2) and (3), as to England 1st March 2003 2003/124
In section 20(4), the words "regulations under subsection (2) may include provision with respect to instruments of government for federations", as to England 1st April 2003 2003/124
Section 20 (fully), as to England 1st September 2003 2003/1667
Section 21(3), as to England 1st March 2003 2003/124
Section 21 (fully), as to England 1st September 2003 2003/1667
Section 22, as to England 1st September 2003 2003/1667
Section 23, as to England 1st March 2003 2003/124
Section 24(1), for the purpose of making regulations only, as to England 1st April 2003 2003/124
Section 24(2) to (6), as to England 1st April 2003 2003/124
Section 24 (fully), as to England 1st September 2003 2003/1667
Section 25, as to England 1st April 2003 2003/124
Section 26, as to England 1st March 2003 2003/124
Sections 27 and 28, as to England 2nd September 2002 2002/2002 as amended by 2002/2018
Sections 27 and 28, as to Wales 1st September 2003 2003/1718 (W 185)
Section 29, as to England 1st September 2003 2003/1667
Section 29, as to Wales 1st September 2003 2003/1718 (W 185)
Section 30, as to England 1st October 2002 2002/2439
Section 32, as to England 1st September 2003 2003/1667
Section 33(3), as to England 1st March 2003 2003/124
Section 33 (fully), as to England 1st September 2003 2003/1667
Section 34, as to England 1st April 2003 2003/124
Section 35(4) and (5), as to England 1st April 2003 2003/124
Section 35 (fully), as to England 1st September 2003 2003/1667
Section 36(4) and (5), as to England 1st April 2003 2003/124
Section 36 (fully), as to England 1st September 2003 2003/1667
Section 37, as to England 1st October 2002 2002/2439
Section 38(1), (2) and (4) to (7) 1st October 2003 2003/1667
Section 39(1)(partially), as to England 1st October 2002 2002/2439
Section 39(1) (fully), as to England 1st September 2003 2003/1667
In section 39(1), the definition of "federation" and "federated school", as to England 1st April 2003 2003/124
Section 39(2), as to England 1st October 2002 2002/2439
Section 40 (partially), as to England

(fully), as to England

 2nd September 2002

1st September 2003

 2002/2002

2003/1667
Section 40 (partially), as to Wales 1st September 2003 2003/1718 (W 185)
Section 41(1) and (3), as to England 1st October 2002 2002/2439
Section 42, as to England 1st October 2002 2002/2439
Section 43, as to England 2nd September 2002 2002/2002
Section 43, as to Wales 1st November 2003 2003/1718 (W 185)
Section 44(1) to (6), as to England 1st April 2003 2003/124
Section 44(7), as to England 1st September 2003 2003/1667
Section 45, as to England 1st April 2003 2003/124
Section 46, as to England 20th January 2003 2002/2952
Sections 47 to 49, as to England 1st October 2002 2002/2439
Section 49, as to Wales 19th December 2002 2002/3185 (W.301)
Section 50, as to England 20th January 2003 2002/2952
Section 51 (partially), as to England

(fully), as to England

 1st October 2002

20th January 2003

 2002/2439

2002/2952
Section 52(1) to (6), as to England 20th January 2003 2002/2952
Section 52(11), as to England 1st September 2003 2003/1667
Sections 54 to 59, as to England 2nd September 2002 2002/2002
Sections 54 to 56, as to Wales 19th December 2002 2002/3185 (W.301)
Sections 60 and 61, as to England 26th July 2002 2002/2002
Sections 62 to 64, as to England 1st October 2002 2002/2439
Sections 60 to 64, as to Wales 1st August 2003 2003/1718 (W 185)
Section 65 26th July 2002 2002/2002
Section 66 20th January 2003 2002/2952
Sections 67 to 69 26th July 2002 2002/2002
Section 70, as to England 1st June 2003 2003/1115
Section 71, as to England 1st June 2003 2003/1115
Section 72, as to England 1st April 2003 2003/124
Section 73, as to England 1st June 2003 2003/1115
Section 74(1), as to England 1st June 2003 2003/1115
Section 74(2) and (3), as to England 1st April 2003 2003/124
Section 75 (partially), as to Wales 19th December 2002 2002/3185 (W.301)
Section 75 (partially), as to England 1st April 2003 2003/124
Section 75, (fully), as to England 1st June 2003 2003/1115
Sections 76 and 77 1st October 2002 2002/2439
Section 78 (partially)

(fully)

 26th July 2002

1st October 2002

 2002/2002

2002/2439
Sections 79 to 96, 1st October 2002 2002/2439
Sections 97, 98, 99(1), 19th December 2002 2002/3185 (W.301)
Section 100 (partially), 19th December 2002 2002/3185 (W.301)
Section 101 (partially), 19th December 2002 2002/3185 (W.301)
Sections 103, 105 to 107, 19th December 2002 2002/3185 (W.301)
Section 108 (partially), 19th December 2002 2002/3185 (W.301)
Sections 109, 111 to 118, 19th December 2002 2002/3185 (W.301)
Section 119 1st October 2002 2002/2439
Section 120(1), and (3) to (5) 1st October 2002 2002/2439
Section 120(2) 1st August 2003 2003/1667
Section 121 1st October 2002 2002/2439
Sections 122 to 129 1st August 2003 2003/1667
Section 130 (partially) 1st October 2002 2002/2439
Section 130 (fully) 1st August 2003 2003/1667
Section 131, as to England 1st October 2002 2002/2439
Section 131, as to Wales 19th December 2002 2002/3185 (W.301)
Sections 132 and 133, as to Wales 19th December 2002 2002/3185 (W.301)
Sections 132 and 133, as to England 1st August 2003 2003/1667
Section 134 (partially), as to Wales 19th December 2002 2002/3185 (W.301)
Section 134 (1), (4) and (5), as to England 1st August 2003 2003/1667
Section 135, as to Wales 19th December 2002 2002/3185 (W.301)
Section 135, as to England 1st October 2003 2003/1667
Sections 136 to 140, as to Wales 1st September 2003 2003/1718 (W 185)
Section 141, as to Wales 19th December 2002 2002/3185 (W.301)
Section 141, as to England 1st August 2003 2003/1667
Sections 142 to 144, as to Wales 31st March 2003 2002/3185 (W.301)
Sections 142 to 144, as to England 1st June 2003 2003/1115
Section 145, as to Wales 19th December 2002 2002/3185 (W.301)
Section 145, as to England 1st August 2003 2003/1667
Section 146 (partially), as to Wales 31st March 2003 2002/3185 (W.301)
Section 146 (partially), as to England 1st June 2003 2003/1115
Section 146 (partially), as to England 1st August 2003 2003/1667
Section 146 (partially), as to England 1st September 2003 2003/1667
Section 146 (partially), as to England 1st October 2003 2003/1667
Section 148 (partially), as to England 1st October 2002 2002/2439
Section 148 (partially), as to Wales 19th December 2002 2002/3185 (W.301)
Section 148 (partially), as to Wales 31st March 2003 2002/3185 (W.301)
Section 148, (partially), as to England 1st August 2003 2003/1667
Section 149, as to England 1st October 2002 2002/2439
Section 149, as to Wales 31st March 2003 2002/3185 (W.301)
Section 150, as to England 1st October 2002 2002/2439
Section 150, as to Wales 31st March 2003 2002/3185 (W.301)
Section 151(1), as to England 1st October 2002 2002/2439
Section 151(2), as to Wales 19th December 2002 2002/3185 (W.301)
Section 152 (partially), as to England 2nd September 2002 2002/2002
Section 152 (partially), as to Wales 19th December 2002 2002/3185 (W.301)
Section 153, as to England 1st April 2003 2003/124
Section 154(1) and (2), as to England 1st June 2003 2003/1115
Section 155 (partially), as to England

(fully), as to England

 2nd September 2002

1st October 2002

 2002/2002

2002/2439
Section 156, as to England 1st October 2002 2002/2439
Sections 157 to 174, except 158(3), as to England 1st September 2003 2003/1667
Section 176, as to England 1st September 2003 2003/1667
Section 177, as to England 1st October 2002 2002/2439
Section 178(1) and (2), as to England 1st October 2002 2002/2439
Section 178(3), as to England 20th January 2003 2002/2952
Section 178(1) and (4), as to Wales 1st August 2003 2003/1718 (W 185)
Section 179, as to England 1st October 2002 2002/2439
Section 179 (partially), as to Wales 19th December 2002 2002/3185 (W.301)
Section 180, as to England 1st October 2002 2002/2439
Section 180, as to Wales 19th December 2002 2002/3185 (W.301)
Section 181 to 185, as to England 1st September 2003 2003/1667
Section 181 to 185, as to Wales 1st September 2003 2003/1718 (W 185)
Section 187 (partially), as to England

(fully), as to England

 1st October 2002

1st September 2003

 2002/2439

2003/1667
Section 188 (partially), as to England 1st October 2002 2002/2439
Section 188 (partially), as to Wales 19th December 2002 2002/3185 (W.301)
Section 188 (partially), as to England 1st September 2003 2003/1667
Section 189 (partially), for the purpose of introducing those paragraphs of Schedule 17 which apply except in relation to Wales 1st October 2002 2002/2439
Section 189 (partially), for the purpose of introducing those paragraphs of Schedule 17 which apply in relation to Wales 19th December 2002 2002/3185 (W.301)
Section 191 to 194, as to Wales 19th December 2002 2002/3185 (W.301)
Section 195 (partially), as to Wales 31st March 2003 2002/3185 (W.301)
Section 195 (partially), as to Wales 1st September 2003 2002/3185 (W.301)
Section 196, as to Wales 19th December 2002 2002/3185 (W.301)
Section 197 1st September 2003 2003/1718 (W 185)
Section 199, as to England 20th January 2003 2002/2952
Section 199, as to Wales 1st September 2003 2003/1718 (W 185)
Section 200, as to Wales 31st March 2003 2002/3185 (W.301)
Section 200, as to England 6th April 2003 2003/124
Section 201 (partially), as to Wales 31st March 2003 2002/3185 (W.301)
Section 201 (partially), as to England 6th April 2003 2003/124
Sections 202 and 203, as to England 1st August 2003 2003/1667
Sections 202 and 203, as to Wales 1st September 2003 2003/1718 (W 185)
Section 204, as to England 2nd September 2002 2002/2002
Sections 205 and 206, as to England 1st October 2002 2002/2439
Section 206, as to Wales 1st September 2003 2003/1718 (W 185)
Sections 207 and 208, as to England 1st April 2003 2003/124
Section 209 1st April 2003 2003/124
Section 215 (partially), as to England 26th July 2002 2002/2002
(partially), as to England 2nd September 2002 2002/2002
(partially), as to England 1st October 2002 2002/2439
(partially), as to Wales 19th December 2002 2002/3185 (W.301)
(partially), as to England 20th January 2003 2002/2952
(partially), as to Wales 31st March 2003 2002/3185 (W.301)
(partially), as to Wales 1st September 2003 2002/3185 (W.301)
(partially), as to England 1st March 2003 2003/124
(partially), as to England 1st April 2003 2003/124
(partially), as to England 6th April 2003 2003/124
(partially), as to England 1st June 2003 2003/1115
(partially), as to England 1st August 2003 2003/1667
(partially), as to Wales 1st August 2003 2003/1718 (W 185)
(partially), as to England 1st September 2003 2003/1667
(partially), as to Wales 1st September 2003 2003/1718 (W 185)
(partially), as to England 1st October 2003 2003/1667
Schedule 1, (partially), as to England

(fully), as to England

 2nd September 2002

1st October 2002

 2002/2002

2002/2439
Schedule 1, (partially), as to Wales 1st September 2003 2003/1718 (W 185)
Schedule 3, paragraphs 1 to 5, as to England 2nd September 2002 2002/2002
Schedule 3, (fully), as to England 1st September 2003 2003/1667
Schedule 3, paragraphs 1 to 5, as to Wales 1st September 2003 2003/1718 (W 185)
Schedule 4, paragraphs 1, 3, 5 to 7, 10, 11, 13 and 14, as to England 1st October 2002 2002/2439
Schedule 4, (fully), as to England 20th January 2003 2002/2952
Schedules 5 and 6, as to England 2nd September 2002 2002/2002
Schedule 5, as to Wales 19th December 2002 2002/3185 (W.301)
Schedule 7 26th July 2002 2002/2002
Schedule 8 1st June 2003 2003/1115
Schedule 9, as to England 1st April 2003 2003/124
Schedule 10, paragraphs 1, 6, 11 and 15, as to Wales 19th December 2002 2002/3185 (W.301)
Schedule 10, paragraphs 1, 6 and 11 to 15, as to England 1st April 2003 2003/124
Schedule 10, (fully), as to England 1st June 2003 2003/1115
Schedule 11 1st October 2002 2002/2439
Schedule 12, paragraphs 1, 2, 4(1), and (3), 6, 9, 11 and 12(1) and (2), as to England 1st October 2002 2002/2439
Schedule 12, paragraphs 1, 2, 4(1) and (3), 6 and 7, as to Wales 19th December 2002 2002/3185 (W.301)
Schedule 12, paragraphs 12(1) and (2), as to Wales 31st March 2003 2002/3185 (W.301)
Schedule 12, paragraphs 3(1), (2), (3) save for the words "or provisional", (4) and (6), 4(4) save for the words "or provisional registration",

8 save for the words "or provisional registration", 10 save for the words "or provisional", 12(3) save for the words "or provisional ", as to England

 1st August 2003 2003/1667
Schedule 13, paragraphs 1 to 3, as to Englandparagraphs 4 and 5, as to Englandparagraphs 6, 7(1) and (3), and (8), as to England 1st October 2002

2nd September 2002

1st October 2002

 2002/2439

2002/2002

2002/2439
Schedule 13, paragraphs 1 to 3, 5, 6, 7(1) and (3), and 8, as to Wales 19th December 2002 2002/3185 (W.301)
Schedule 14, paragraphs 1 to 4, as to England

Remaining paragraphs, as to England

 2nd September 2002

1st October 2002

 2002/2002

2002/2439
Schedule 15 fully except for the words

"(b) nursery school" in paragraphs 2(2)

 1st October 2002 2002/2439
Schedule 15 (fully), as to England 1st September 2003 2003/1667
Schedule 16, paragraphs 7 to 9, as to England

Schedule 16, paragraphs 4 to 9, as to Wales

 1st October 2002

19th December 2002

 2002/2439

2002/3185 (W.301)
Schedule 16, paragraphs 1, and 3 to 6, as to England 1st September 2003 2003/1667
Schedule 17, paragraphs 1 to 4 and 9

Schedule 17, paragraphs 5(1) - (4), (6), and 6 to 8

 1st October 2002

19th December 2002

 2002/2439

2002/3185 (W.301)
Schedule 18 paragraphs 1, 4, 5 and 7, 13 to 15

paragraph 8 (partially),

paragraphs 2,3, 6, 8 (fully), 9 to 12, and 16 to 18

 31st March 2003

31st March 2003

1st September 2003

 2002/3185 (W.301)

2002/3185 (W.301)

2002/3185 (W.301)
Schedule 19, as to England 20th January 2003 2002/2952
Schedule 19, as to Wales 1st September 2003 2003/1718 (W 185)
Schedule 20, as to England 1st October 2002 2002/2439
Schedule 20, as to Wales 1st September 2003 2003/1718 (W 185)
Schedule 21 (partially), as to England 2nd September 2002 2002/2002
(partially), as to England 1st October 2002 2002/2439
(partially), as to Wales 19th December 2002 2002/3185 (W.301)
(partially), as to England 20th January 2003 2002/2952
(partially), as to Wales 31st March 2003 2002/3185 (W.301)
(partially) as to England 1st March 2003 2003/124
(partially) as to England 1st April 2003 2003/124
(partially), as to England 1st June 2003 2003/1115
(partially), as to England 1st August 2003 2003/1667
(partially), as to England 1st September 2003 2003/1667
(partially), as to Wales 1st September 2003 2003/1718 (W 185)
(partially), as to England 1st October 2003 2003/1667
Schedule 22, (partially), as to England 26th July 2002 2002/2002
(partially), as to England 2nd September 2002 2002/2002
(partially), as to England 1st October 2002 2002/2439
(partially), as to Wales 19th December 2002 2002/3185 (W.301)
(partially), as to England 20th January 2003 2002/2952
(partially), as to Wales 31st March 2003 2002/3185 (W.301)
(partially), as to Wales 1st September 2003 2002/3185 (W.301)
(partially) as to England 1st April 2003 2003/124
(partially), as to England 6th April 2003 2003/124
(partially) as to England 1st June 2003 2003/1115
(partially), as to England 1st August 2003 2003/1667
(partially), as to Wales 1st August 2003 2003/1718 (W 185)
(partially), as to England 1st September 2003 2003/1667
(partially), as to Wales 1st September 2003 2003/1718 (W 185)
(partially), as to England 1st October 2003 2003/1667

Notes:

 [1] 2002 c. 32back

[2] 1996 c. 56 (subsections (6) to (9) of section 499 were added by section 9 of the School Standards and Framework Act 1998)back

[3] 1998 c. 31back


ISBN 0 11 047283 7


  Prepared 14 August 2003

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